Three months after IATA’s Direct Air Waybill (DAWB) amendments took effect, airlines and freight forwarders remain divided over who bears liability when DAWB shipments go wrong, with disagreements focused on dangerous goods, contractual gaps, and the ability to negotiate bilateral terms.
IATA’s DAWB amendments took effect on 1 July and apply across member airlines as part of the Cargo Agency Conference Resolution.
The rules create a clearer route for airlines to pursue freight forwarders rather than unknown underlying shippers, potentially expanding forwarders’ contractual liability.
FIATA warns the changes could transfer liability to parties who lack control over the information or processes that create risk, especially for undeclared or misdeclared dangerous goods.
IATA revised the Direct Air Waybill (DAWB) framework and the amendments have been in force for member airlines since 1 July as part of the Cargo Agency Conference Resolution. The change aims to close what IATA describes as a contractual gap that left carriers exposed when forwarders tendered cargo merely as agents for an underlying shipper.
Under the revised framework, airlines have a clearer contractual route to pursue a freight forwarder when problems arise with a DAWB shipment, rather than having to chase the underlying shipper. IATA says this addresses situations where forwarders could avoid liability by classifying cargo as DAWB shipments and not verifying that the cargo was properly prepared, which it calls a risk to flight safety.
FIATA opposes the amendments. Its director general, Dr Stéphane Graber, told The Loadstar the rules could make a forwarder responsible to the airline as a principal even when the forwarder acted solely as an agent. FIATA's objection focuses on allocation of responsibility for information and processes controlled by the shipper, including declaration of dangerous goods, sanctions compliance, and customs requirements.
IATA's stated driving concern is dangerous goods. If a shipper presents goods directly, carriers can vet the shipper. When cargo arrives via a forwarder under a DAWB, the airline may have no relationship with the underlying shipper. IATA contends that forwarders could tender improperly prepared dangerous goods without verification, increasing risk to aircraft and crew.
The IATA resolution allows airlines and forwarders to negotiate different bilateral terms that can displace the default provisions. That provides a path to limit or redefine liability where both commercial parties agree a different allocation of risk is appropriate.
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